Texas 2019 - 86th Regular

Texas House Bill HB4375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Stephenson H.B. No. 4375
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing the use of anti-theft electronic monitoring
7	7	as a condition of community supervision or release on bond.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 17.44(a), (b), (c), and (e), Code of
10	10	Criminal Procedure, are amended to read as follows:
11	11	(a) A magistrate may require as a condition of release on
12	12	bond that the defendant submit to:
13	13	(1) home confinement and electronic monitoring under
14	14	the supervision of an agency designated by the magistrate; [or]
15	15	(2) anti-theft electronic monitoring if the defendant
16	16	is charged with an offense under Section 31.03 or 31.16, Penal Code;
17	17	or
18	18	(3) testing on a weekly basis for the presence of a
19	19	controlled substance in the defendant's body.
20	20	(b) In this article:
21	21	(1) "Anti-theft electronic monitoring" means an
22	22	electronic monitoring system that:
23	23	(A) uses a device that is worn or carried by a
24	24	defendant subject to the electronic monitoring system;
25	25	(B) works in conjunction with retail security
26	26	technology used in retail stores; and
27	27	(C) is capable of notifying a retail store's
28	28	security personnel and the monitoring entity when a person subject
29	29	to monitoring enters the store.
30	30	(2) "Controlled [, "controlled] substance" has the
31	31	meaning assigned by Section 481.002, Health and Safety Code.
32	32	(c) The magistrate may revoke the bond and order the
33	33	defendant arrested if the defendant:
34	34	(1) violates a condition of:
35	35	(A) home confinement and electronic monitoring;
36	36	or
37	37	(B) anti-theft electronic monitoring;
38	38	(2) refuses to submit to a test for controlled
39	39	substances or submits to a test for controlled substances and the
40	40	test indicates the presence of a controlled substance in the
41	41	defendant's body; or
42	42	(3) fails to pay the costs of monitoring or testing for
43	43	controlled substances, if payment is ordered under Subsection (e)
44	44	as a condition of bond and the magistrate determines that the
45	45	defendant is not indigent and is financially able to make the
46	46	payments as ordered.
47	47	(e) The cost of electronic monitoring, including anti-theft
48	48	electronic monitoring, or testing for controlled substances under
49	49	this article may be assessed as court costs or ordered paid directly
50	50	by the defendant as a condition of bond.
51	51	SECTION 2. Article 42A.301(b), Code of Criminal Procedure,
52	52	is amended to read as follows:
53	53	(b) Conditions of community supervision may include
54	54	conditions requiring the defendant to:
55	55	(1) commit no offense against the laws of this state or
56	56	of any other state or of the United States;
57	57	(2) avoid injurious or vicious habits;
58	58	(3) avoid persons or places of disreputable or harmful
59	59	character, including any person, other than a family member of the
60	60	defendant, who is an active member of a criminal street gang;
61	61	(4) report to the supervision officer as directed by
62	62	the judge or supervision officer and obey all rules and regulations
63	63	of the community supervision and corrections department;
64	64	(5) permit the supervision officer to visit the
65	65	defendant at the defendant's home or elsewhere;
66	66	(6) work faithfully at suitable employment to the
67	67	extent possible;
68	68	(7) remain within a specified place;
69	69	(8) pay in one or more amounts:
70	70	(A) the defendant's fine, if one is assessed; and
71	71	(B) all court costs, regardless of whether a fine
72	72	is assessed;
73	73	(9) support the defendant's dependents;
74	74	(10) participate, for a period specified by the judge,
75	75	in any community-based program, including a community service
76	76	project under Article 42A.304;
77	77	(11) if the judge determines that the defendant has
78	78	financial resources that enable the defendant to offset in part or
79	79	in whole the costs of the legal services provided to the defendant
80	80	in accordance with Article 1.051(c) or (d), including any expenses
81	81	and costs, reimburse the county in which the prosecution was
82	82	instituted for the costs of the legal services in an amount that the
83	83	judge finds the defendant is able to pay, except that the defendant
84	84	may not be ordered to pay an amount that exceeds:
85	85	(A) the actual costs, including any expenses and
86	86	costs, paid by the county for the legal services provided by an
87	87	appointed attorney; or
88	88	(B) if the defendant was represented by a public
89	89	defender's office, the actual amount, including any expenses and
90	90	costs, that would have otherwise been paid to an appointed attorney
91	91	had the county not had a public defender's office;
92	92	(12) if under custodial supervision in a community
93	93	corrections facility:
94	94	(A) remain under that supervision;
95	95	(B) obey all rules and regulations of the
96	96	facility; and
97	97	(C) pay a percentage of the defendant's income
98	98	to:
99	99	(i) the facility for room and board; and
100	100	(ii) the defendant's dependents for their
101	101	support during the period of custodial supervision;
102	102	(13) submit to testing for alcohol or controlled
103	103	substances;
104	104	(14) attend counseling sessions for substance abusers
105	105	or participate in substance abuse treatment services in a program
106	106	or facility approved or licensed by the Department of State Health
107	107	Services;
108	108	(15) with the consent of the victim of a misdemeanor
109	109	offense or of any offense under Title 7, Penal Code, participate in
110	110	victim-defendant mediation;
111	111	(16) submit to electronic monitoring, other than
112	112	anti-theft electronic monitoring as required under Subdivision
113	113	(24);
114	114	(17) reimburse the compensation to victims of crime
115	115	fund for any amounts paid from that fund to or on behalf of a victim,
116	116	as defined by Article 56.32, of the offense or if no reimbursement
117	117	is required, make one payment to the compensation to victims of
118	118	crime fund in an amount not to exceed $50 if the offense is a
119	119	misdemeanor or not to exceed $100 if the offense is a felony;
120	120	(18) reimburse a law enforcement agency for the
121	121	analysis, storage, or disposal of raw materials, controlled
122	122	substances, chemical precursors, drug paraphernalia, or other
123	123	materials seized in connection with the offense;
124	124	(19) pay all or part of the reasonable and necessary
125	125	costs incurred by the victim for psychological counseling made
126	126	necessary by the offense or for counseling and education relating
127	127	to acquired immune deficiency syndrome or human immunodeficiency
128	128	virus made necessary by the offense;
129	129	(20) make one payment in an amount not to exceed $50 to
130	130	a crime stoppers organization, as defined by Section 414.001,
131	131	Government Code, and as certified by the Texas Crime Stoppers
132	132	Council;
133	133	(21) submit a DNA sample to the Department of Public
134	134	Safety under Subchapter G, Chapter 411, Government Code, for the
135	135	purpose of creating a DNA record of the defendant;
136	136	(22) in any manner required by the judge, provide in
137	137	the county in which the offense was committed public notice of the
138	138	offense for which the defendant was placed on community
139	139	supervision; [and]
140	140	(23) reimburse the county in which the prosecution was
141	141	instituted for compensation paid to any interpreter in the case;
142	142	and
143	143	(24) submit to anti-theft electronic monitoring, as
144	144	defined by Article 17.44, if the defendant is placed on community
145	145	supervision for an offense under Section 31.03 or 31.16, Penal
146	146	Code.
147	147	SECTION 3. (a) Article 17.44, Code of Criminal Procedure,
148	148	as amended by this Act, applies only to a person who is released on
149	149	bond following an arrest for an offense committed on or after the
150	150	effective date of this Act. A person released on bond following an
151	151	arrest for an offense committed before the effective date of this
152	152	Act is governed by the law in effect on the date the offense was
153	153	committed, and the former law is continued in effect for that
154	154	purpose.
155	155	(b) Article 42A.301(b), Code of Criminal Procedure, as
156	156	amended by this Act, applies only to a person who is placed on
157	157	community supervision for an offense committed on or after the
158	158	effective date of this Act. A person who is placed on community
159	159	supervision for an offense committed before the effective date of
160	160	this Act is governed by the law in effect on the date the offense was
161	161	committed, and the former law is continued in effect for that
162	162	purpose.
163	163	(c) For purposes of this section, an offense was committed
164	164	before the effective date of this Act if any element of the offense
165	165	occurred before that date.
166	166	SECTION 4. This Act takes effect September 1, 2019.